Financial Reporting and Disclosures
Misstatements and omissions in public companies’ financial statements present particularly thorny litigation and SEC regulatory issues. Our firm has handled scores of these cases on behalf of many Fortune 500 companies, both domestic and foreign, as well as the nation’s leading accounting and investment banking firms and officers and directors of public companies. These matters include class actions and other private litigation under the Securities Act of 1933 and the Securities Exchange Act of 1934, as well as SEC inquiries, investigations and enforcement proceedings and criminal proceedings. We also frequently act as special outside counsel to independent Board committees to evaluate allegations of accounting irregularities or other misconduct.
Drawing on the firm’s deep understanding of public accounting issues stemming from our extensive representation of accounting firms, and our extensive transactional experience resulting from our role as disclosure counsel for the world’s leading securities underwriters, we pride ourselves on taking a creative approach to these problems and strive for early and successful resolution of such matters. When the best course is to litigate, we do so aggressively. We have had great success in obtaining dismissals or limiting the potential exposure to claims, such as through the denial of class certification. If trial is in our client’s best interest, we are prepared to take, and have taken, even the biggest cases to trial. Our lawyers have established some of the leading trial court and appellate precedents in this area of the law, and we are highly experienced in combating plaintiff experts and reducing damage claims. In addition, our regulatory lawyers have strong and constructive relationships with the SEC and other regulators and governmental entities, and this credibility contributes to achieving the best results for our clients.